A district court judge says he’s in a ‘‘sentencing vacuum’’ when it comes to an alleged offender involved in a crash in Queenstown in January who promptly returned to his home country.
The 73-year-old Californian man, who has interim name suppression, is charged with dangerous driving causing injury to Sara Duan in Frankton Road on January 27.
In Queenstown’s court on Monday, police applied to amend the charge to one of aggravated careless driving causing injury, however Judge Geoff Rea had questions over what jurisdiction the court had to sentence him at all, because he had left New Zealand before he was charged and summonsed to appear in court.
There were also questions as to whether he could appear before the courts here by audio visual link from the United States.
‘‘What everybody’s relying on here is we … just slide over the top of what the procedural rules are and get this thing sorted out,’’ Rea said.
‘‘I will not sentence some body who’s not in the jurisdiction that I have to sentence and expect that he will voluntarily do what he’s told to do.’’
Lawyer Ben Alexander, acting on instructions from counsel Michael Walker, said on the morning of the incident the defendant had set off on road trip to Franz Josef.
Resulting from the Frankton Rd collision, his rental vehicle was written off, which ‘‘effectively spelled an end to his driving on NZ roads’’.
Prosecuting sergeant Ian Collin said the man was not arrested at the scene, but indicated to police he would be remaining in NZ till January 30.
‘‘What followed, from the prosecution’s perspective, he drove straight to Queenstown Airport, didn’t drop his keys off at Avis, jumped on a flight to Auckland and then [left] the country.’’
However, Alexander said his client returned to the hotel he had been staying at before flying to Auckland to ‘‘wait out’’ the rest of their holiday.
‘‘When they arrived … Auckland was undergoing a significant weather event.
‘‘They remained at Auckland Airport for 48 hours and were offered a flight out of NZ earlier than anticipated.
‘‘They weren’t particularly keen on staying in Auckland given the weather events.
‘‘This wasn’t a matter of them fleeing … NZ.’’
Rea said there were three ways a defendant could be brought before the court — either they were arrested and placed on police bail, arrested and held in custody, or issued with a summons.
None of those things had happened before the man left NZ.
Despite the defendant contacting Alexander’s firm and showing a willingness to be involved in the court process, Rea said he couldn’t enforce any sentence handed down, unless the defendant returned to NZ.
Other convictions
● Sinead Finlay, 31, of Lake Hawea, admitted stealing groceries valued at $585.46 from Three Parks New World on January 12, 29 and February 5, and stealing two Benefit eyebrow pencils, valued at $52, property of Life Pharmacy Wilkinsons, on December 18 at Queenstown, nine months’ supervision on each, to be served concurrently, $611.46 reparation.
● Joshua Aidan Knowler, 22, retailer, of Invercargill, drink-driving, 697mcg, Camp Street, Queenstown, April 21, fined $600, court costs $130, disqualified six months.
● Daniel Stephen Grevatt, 34, drainlayer, of Queenstown, drink-driving, 820mcg, Peninsula Rd, December 1, at Queenstown, fined $750, court costs $130, disqualified six months.
● Georgina Maramena Friday Brown, 26, of Albert Town, assault, February 21 at Wānaka, 12 months’ supervision.
● Daniel Proca, 37, of Tapping, Australia, assaulted a woman with intent to injure her, April 21, at Twizel, fined $500, court costs $130; threatening behaviour, April 21, at Twizel, convicted and discharged.
● Ashley John King, 31, builder, of Queenstown, assault, November 24 at Queenstown, $750 emotional harm reparation.
